A renter may legally break an apartment lease in Arizona if she is a victim of domestic violence or on active military duty, if the apartment is unsafe or if the landlord violates the tenant's privacy, according to Nolo. The right way depends upon each renter's personal circumstances.Know More
There are several circumstances whereby one is justified in breaking a lease in Arizona, Nolo states. One can break a lease if she's a victim of domestic violence, in accordance with the Arizona Revised Statutes, Section 33-1318.
A member of the armed forces may break a lease when embarking on active military duty, in accordance with the federal War and National Defense Service Members Civil Relief Act. The servicemember must give written notice to the landlord, then the tenancy terminates 30 days after the next rent is due, according to Nolo.
In the event that a rental unit is unsafe or violates Arizona's health or safety codes, a court may conclude that the tenant has been “constructively evicted,” which means the landlord isn't providing livable housing, Nolo states. There are specific requirements a tenant must follow and the law requires that it is a serious problem, such as no heat or other crucial service. These requirements are outlined in Section 33, clauses 1363 to 1365 in the state statutes.
If a landlord harasses a tenant or violates her right to privacy by entering the apartment without two days notice, changing locks, removing windows or turning off utilities, the tenant also is considered to have been constructively evicted, states Nolo. The tenant could then break the lease without any more obligations.
The University of Arizona's Student Legal Services recommends seeking legal advice before taking any action on breaking a lease.Learn more about Real Estate
Rental agreements assure a number of rights and safeties for the renter, including the amount of rent, length of the rental, whether the renter or the landlord are responsible for utilities and any rules that the landlord may have, states New Mexico's Attorney General's Office. These written, or sometimes verbal, agreements can not be changed during the term of the lease unless both parties agree to the change. This ensures that neither party can change something without the other's knowledge and helps prevent illegal eviction practices.Full Answer >
When writing a 30-day notice to a renter for eviction, the landlord must state the reason for the eviction and whether or not the renter is able to prevent the eviction. Eviction notices are essential for potential legal proceedings as a way to document prior eviction attempts.Full Answer >
Landlords can evict tenants for reasons including being late with rent at least once, violating a clause in the lease and conducting illegal activity on the property, according to Nolo. Many tenants who have month-to-month leases can also be evicted without reason as long as proper notice is given.Full Answer >
When a landlord takes legal action against a tenant for failure to pay rent, the tenant has the right to proper notice of the proceedings against him and the opportunity to make up the back rent, according to FindLaw. The tenant also has the right to appeal.Full Answer >